§Why CasetextPricing

Nomura Home Equity Loan, Inc., Series 2006-FM2, by HSBC Bank USA, National Association, solely in its capacity as Trustee, et al., Respondents,v.Nomura Credit & Capital, Inc., Appellant. (And Three Other Actions.)

Brief

21 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,619 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,916 times   2 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"

  3. W.W.W. Assocs v. Giancontieri

    77 N.Y.2d 157 (N.Y. 1990)   Cited 2,205 times   5 Legal Analyses
    Holding that extrinsic evidence was immaterial, in part because the contract plainly manifested intent that all prior understandings were merged into the contract, which expressed the parties' full agreement

  4. AG Capital Funding Partners, L.P. v. State Street Bank & Trust Co.

    2005 N.Y. Slip Op. 8763 (N.Y. 2005)   Cited 683 times   1 Legal Analyses
    Affirming dismissal of legal malpractice claim for failure to plead facts showing actual privity, near privity, or an exception to privity

  5. Reiss v. Financial Performance Corporation

    97 N.Y.2d 195 (N.Y. 2001)   Cited 374 times
    Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."

  6. Metropolitan Life v. Noble Lowndes

    84 N.Y.2d 430 (N.Y. 1994)   Cited 222 times   1 Legal Analyses
    Holding proof that “defendant's repudiation of the Agreement was motivated exclusively by its own economic self-interest” is insufficient to show willful misconduct

  7. Innophos v. Rhodia

    2008 N.Y. Slip Op. 1253 (N.Y. 2008)   Cited 116 times
    Rejecting the defendants' argument that the water fees were not indemnifiable because they were not in the nature of taxes

  8. McMahan Co. v. Wherehouse Entertainment, Inc.

    900 F.2d 576 (2d Cir. 1990)   Cited 161 times   1 Legal Analyses
    Finding material issue existed as to whether offering materials misstated right to tender in violation of §10(b) of the Exchange Act and §§ 11 and 12 of the Securities Act of 1933

  9. Fed. Hous. Fin. Agency v. Nomura Holding Am., Inc.

    104 F. Supp. 3d 441 (S.D.N.Y. 2015)   Cited 34 times   1 Legal Analyses
    Holding that reliance on BLS data was not unreasonable because, in part, the reunderwriting expert "was conservative in using BLS data, comparing borrowers' stated income only to the 90th percentile of income recorded by the BLS, the highest available figure."

  10. Schneider v. Chertoff

    450 F.3d 944 (9th Cir. 2006)   Cited 35 times
    Describing national interest waiver as "purely discretionary"

  11. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing